Licence Appeal Tribunal
FILE: 7503/MED
CASE NAME: 7503 v. Registrar of Motor Vehicles
Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a Decision of the Registrar of Motor Vehicles Pursuant to Section 47(1) of that Act - to Suspend a Licence
7503 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Patrick Coffey M.D., Member
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Kyle Biel
Heard by teleconference: October 12, 2012
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal by the Applicant respecting a decision of the Registrar of Motor Vehicles (the "Registrar") pursuant to section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act").
FACTS
Registrar's Evidence
Emergency Room Physician, Dr. E, sent a Medical Condition Report concerning the Applicant to the Ministry of Transportation (MTO) on December 1, 2010. In this, he wrote "Seizure" as the pertinent medical condition.
After receiving this report, the MTO wrote to the Applicant informing her that it had been decided to suspend her driving privilege. The letter also detailed all the requirements the Applicant had to initiate in order that her case could be reconsidered for reinstatement.
Neurologist Dr. N sent a medical report concerning the Applicant to the MTO on April 28, 2011, writing as follows:
I am writing this letter concerning the above named patient, who has been seen a couple of times at my office. On December 3, 2010, after sleep deprivation, (only 4 or 5 hours the night before, after a return trip from Washington), she had a couple of grand mal seizures while at work, and then later on in the evening a few more were witnessed by her brother. She was seen at a local hospital where her CT scan of the brain test was reported as being normal. Her EEG on February 14, 2011 was unremarkable, as was her examination. Because of the cluster of seizures, the Ottawa Hospital suggested Dilantin treatment and I have advised of the same. It is possible, however, that the cluster of seizures was triggered by lack of sleep, fatigue.
has not been taking the medication as she believes this is a one-time occurrence, related to her situation on that day.
A Medical Advisory Committee "MAC" Case Summary concerning the Applicant was sent to the MTO on August 19, 2011, written as follows:
Recommendation: Remain suspended.
Instructions: Remain suspended. Reconsider with a detailed report from the treating physician confirming either a five year seizure-free period off medication or a one year seizure-free period on medication, supported by a series of laboratory results of anti-convulsant levels which must remain in the therapeutic range.
Reasons: Individual has been advised to take anti-convulsant medication as a prophylactic measure by her family doctor and the reviewing physician at the hospital. Given she has refused the recommended treatment, she is at significant risk for further seizures.
In the certified Driver Record for the Applicant, dated July 5, 2012, it is written that the current demerit points are zero.
Psychiatrist Dr. L sent a Medical Condition Report to the MTO on July 20, 2012 concerning the Applicant:
Condition: 1. Seizure-cerebral. (Prior history questionable). 2. Mental or Emotional Illness.
27 year old female, known for bipolar disorder, non-compliant with medical treatment and appointments, with prior history of seizure disorder, although questionable. Patient had at least five admissions in psychiatry for manic episodes. On July 18, 2012, in a manic state, patient stole uncle's car and drove without a valid licence with 200 km/hr on the highway. Gave $600.00 and her cell phone away. Has no insight. Patient is admitted to hospital on Form B.
Applicant's Evidence
The Applicant described what happened on December 1, 2010, the day she was taken to a hospital because of a seizure. She said that she had just arrived back from Washington. She had had very little sleep for the two previous nights. She was exhausted and hungry and was shaking. She was taken to a hospital by ambulance and told she had had a seizure. She said that she never had a seizure before. She was put on medication for this (Dilantin). She had reactions to this but took it for several days. She felt "her body was shutting down" and so decided to stop taking this medication.
The Applicant takes two different medications for her mental condition and for her "manic episodes" as she termed it. She works in a grocery store. She considers that she is a good driver and said she would never do anything to jeopardize the safety of someone on the road.
ISSUES
Should the decision of the Registrar to suspend the Applicant's licence be confirmed, modified or set aside?
Does the Applicant no longer suffer from a mental, emotional, nervous or physical disability likely to significantly interfere with his or her ability to drive a motor vehicle safely?
LAW
O. Reg. 340/94, Section 14 states:
(1) An applicant for or a holder of a driver's licence must not,
(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; or
(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.
(2) In determining whether an applicant for or a holder of a driver's licence of any class meets the qualifications described in subsection (1), the Minister,
(a) may take into consideration the relevant medical standards for applicants or holders of that class of driver's licence set out in the CCMTA Medical Standards for Drivers; and
(b) may require the applicant or holder to provide evidence satisfactory to the Minister that he or she is able to drive a motor vehicle of the applicable class safely, including,
(i) any reports of examinations under section 15, and
(ii) any additional medical information.
(3) Despite clause (2) (a) and unless otherwise provided in this Regulation, if there is a difference between a medical standard set out in the CCMTA Medical Standards for Drivers and a medical standard set out in this Regulation, the Minister shall take into consideration the standard set out in this Regulation instead of the standard set out in the CCMTA Medical Standards for Drivers.
(4) In this section, the CCMTA Medical Standards for Drivers means the document entitled CCMTA Medical Standards for Drivers, published by the Canadian Council of Motor Transport Administrators and dated March 2009, as it may be amended from time to time, that is available on the Internet through the website of the Canadian Council of Motor Transport Administrators.
Section 47(1) states:
Subject to section 47.1, the Registrar may suspend or cancel,
(b) a driver's licence; …
on the grounds of,
(d) misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;
(e) conviction of the holder for an offence referred to in subsection 210(1) or (2);
(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or
(g) any other sufficient reason not referred to in clause (d), (e) or (f).
Section 50 of the Act states:
50 (1) Every person aggrieved by a decision of the Minister made under subsection 32(5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.
(2) The Tribunal may confirm, modify or set aside the decision of the Minister or the Registrar.
APPLICATION OF THE LAW TO FACTS
The Tribunal notes that the Applicant suffered a cluster of seizures on December 1, 2010. She was started on anti-convulsant therapy, (Dilantin), but due to the fact that she suffered side-effects she discontinued this medication.
The Tribunal notes that the Applicant has been taking medication for her bi-polar disorder. Psychiatrist Dr. L, in his report of July 20, 2012, wrote that the Applicant was non-compliant with her medications, that she had had five hospital admissions for manic episodes, and that on July 18, 2012, in a manic state, stole her uncle's car and drove off without a valid licence, travelling at 200 km an hour.
The Tribunal finds from the foregoing that, first, the Applicant has suffered grand mal seizures for which she has refused to take treatment, and secondly, that she suffers from Bipolar psychosis, for which she takes her medication in an irregular manner. Severe manic episodes have been observed. Based on the evidence, there is reason to believe that the Applicant's condition will continue to interfere with her ability to drive a motor vehicle safely and therefore, the Tribunal has decided that the Applicant's licence should remain suspended.
DECISION
Upon the application by the Applicant to appeal the decision dated August 23, 2011 of the Registrar to suspend her driver's licence pursuant to Section 47(1) of the Act, and having considered the evidence filed with the Tribunal, and the submissions of the Registrar and of the Applicant;
IT IS THE DECISION OF THE TRIBUNAL pursuant to the authority vested in it under section 50(2) of the Act that the decision of the Registrar be confirmed.
LICENCE APPEAL TRIBUNAL
Patrick Coffey M.D., Presiding Member
RELEASED: October 22, 2012